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REAL ESTATE ARTICLES

How can one acquire TITLE?


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- How can one acquire TITLE? 

For original registration, when no title has yet been issued over a parcel of land, it can be acquired either by:

1. Judicial proceedings - by filing petition for registration in Court.
2. Administrative proceedings - filing an appropriate application for patent (e.g. homestead) in the Administrative body (DENR) and registration of this patent becomes the basis for issuance of the Original Certificate of Title by the Register of Deeds.

- What are the main classification of lands as to ownership? 

1. Private properties - those which are titled.
2. Public lands - those which have not been titled as well as those public dominion or outside the commerce of man susch as road, public plaza and rivers.

- What are Public Lands? 

All Lands that are not acquired by private person or corporation, either by grant or purchase are public lands. The common understanding therefore, is that all lands which have no title or not registered to private individual are public land. these are grouped into:
1. Alienable or disposable (A & D Lands) - those that can be acquired or issued title. Our constitution provides that only agricultural lands can be disposed of to private citizens.
2. Non-alienable lands - includes timber or forest lands, mineral lands, national parks. No title can be issued over any portion within this area.

- What are the modes of disposition or How can one acquire title over A&D lands? 

The modes are:
1. By Homestead Patent
2. By Sales Patent
3. By Lease
4. By Free Patent or Administrative legalization

 



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